How Much Can I Sue for My Motorcycle Accident?

Motorcycle accidents can cause life-changing injuries, financial strain, and emotional distress. If you were seriously hurt in a motorcycle crash, you’re likely wondering what compensation you might be entitled to. 

The answer, however, is not straightforward. No motorcycle accident lawyer can give you an exact dollar amount upfront. Instead, they can estimate your case value based on several factors, including the severity of your injuries and how your life has been impacted.

Some motorcycle accident injuries, like spinal cord damage or traumatic brain injuries, can cost millions over a lifetime. A 25-year-old with high tetraplegia may face more than $6.2 million in lifetime medical and living expenses, according to the National Spinal Cord Injury Statistical Center. Insurance companies know this, but that doesn’t mean they want to routinely pay out large settlements. 

Did you suffer serious injuries in a motorcycle crash? You have rights and The Dominguez Firm can help. Call us today for a free consultation at (800) 818-1818.

Below, you’ll find a clear explanation of the factors that influence the value of your claim and how you can help strengthen it.

Key Factors That Can Impact the Value of Your Claim

Severity of Your Injuries

The extent of your injuries is among the most important factors in any motorcycle accident claim. More severe injuries lead to higher medical costs, longer recovery periods, and a greater impact on your day-to-day life. Injuries that result in permanent disability, chronic pain, or loss of function can significantly increase the value of a claim even more.

Determination of Fault

Who was responsible for the accident plays a critical role in your ability to recover damages. If the other party is clearly at fault, your chances of a successful claim are much stronger. However, if you are found partially responsible, your compensation may be reduced by your percentage of fault. 

Fortunately, California is a comparative fault state, meaning you can be partially to blame for your motorcycle accident but still file a claim for your losses. A court will determine your percentage of fault and deduct that from your settlement or verdict.

Insurance Coverage

The amount of available insurance coverage—both from the at-fault driver and your own policy—can limit how much you recover. In many cases, the at-fault driver may not have enough insurance to cover all of your losses, making your own uninsured or underinsured motorist coverage important.

Not Filing Your Motorcycle Accident Claim Right Away

Do not wait to file your motorcycle accident claim! Doing so can greatly reduce the value of your claim. If you wait too long, you may even lose the right to sue for your losses. For example, if you collided with a police car, you only have six months to take legal action.

Instead, hire a personal injury attorney with experience handling motorcycle accident cases immediately. 

What happens if you wait:

• Vital evidence will surely be lost.
• Eyewitness memories of what happened can fade, or you may lose their contact information.
• Defense attorneys will question why you waited and whether your injuries resulted from your motorcycle accident.

Types of Damages Available for Your Motorcycle Accident Injuries

There are two main categories of damages in a motorcycle accident claim: economic damages and non-economic damages. Economic damages cover your financial losses. 

Non-economic damages compensate you for your emotional losses.

Motorcycle accident injuries are usually serious and often catastrophic. Victims can face years of treatment, permanent disabilities, and, in some cases, millions of dollars in medical expenses over a lifetime.

An experienced motorcycle accident attorney can help you identify and document all the ways the accident has affected you and your family, financially and emotionally.

Examples of economic damages (financial losses):

• Medical expenses: Hospital bills, surgeries, doctor visits, medications, rehabilitation, physical therapy, and for some permanent injuries such as paralysis, future medical care
• Lost wages: Income lost because you could not work after the accident
• Loss of earning capacity: If your injuries prevent you from returning to your previous job or working at all in the future
• Property damage: Repair or replacement costs for your motorcycle and other personal property damaged in the crash
• Out-of-pocket expenses: Transportation to medical appointments, home modifications, or medical equipment needed because of your injuries

Examples of non-economic damages (emotional losses):

• Pain and suffering: The physical pain and discomfort caused by your injuries, both now and in the future
• Emotional distress: Anxiety, depression, PTSD, and other psychological effects caused by the accident
• Loss of enjoyment of life: Not being able to participate in hobbies, sports, or activities you enjoyed before the crash
• Loss of consortium: The impact your injuries have on your relationship with your spouse or family

In rare cases, punitive damages may also be available if the defendant’s conduct was especially reckless or intentional, such as if the driver caused your accident during a fit of road rage. 

Note that in California, there is no cap on how much can be awarded in non-economic damages, which is why it usually makes up the bulk of the injured person’s verdict or settlement.

Stay off Social Media

Your social media activity can negatively impact the value of your claim. One of the first things your personal injury lawyer will likely tell you is to stay off social media.

Insurance companies will look for any excuse to reduce what they have to pay you. They routinely comb through posts, photos, and comments to find anything that might cast doubt on the seriousness of your injuries. Even private accounts are not off-limits via legal requests or mutual connections.

You might think posting a photo from a family BBQ or a day at the beach is harmless. You’re just trying to show that you’re staying positive. But the insurance company can twist a smiling photo or casual comment to argue that you are not in pain, suffering emotionally, or as limited as you claim. That can drastically reduce your settlement or verdict amount. And if you think you’re safe because your accounts are private, they’re not. Adjusters will try to gain access through your connections. By the way, these insurance company tactics are perfectly legal.

The safest choice is to avoid posting altogether until your case is resolved. What seems like a small update could cost you dearly.

Steps to Protect Your Claim and Maximize Compensation

Here are some steps to take immediately after your motorcycle accident to strengthen your claim. Only take these steps if you are well enough to do so. Your health and safety should always be your priority.

1. Seek medical attention and follow all treatment recommendations. Even if you think you’re okay, get checked out. You could have dangerous internal injuries and not know it.
2. Document your injuries and losses with accident scene photos, medical records, and receipts.
3. Collect evidence from the accident scene, including witness contact information and police reports.
4. Avoid making statements to insurance companies. No California state law forces you to do so. 
5. Hire an experienced personal injury attorney who understands motorcycle accident claims and can fight for the rightful compensation you’re entitled to.

Call The Motorcycle Accident Lawyers at The Dominguez Firm

If you were seriously injured in a motorcycle accident, you need The Dominguez Firm by your side. Our motorcycle accident lawyers will fight for the full compensation you’re entitled to, not what the insurance companies want to pay you. 

Call us today for a FREE consultation at (800) 818-1818. We can travel to your home or hospital.